®Planning appeal decision
Quashed On Legal Grounds17 January 20223258361
182 Main Road, Broomfield, CHELMSFORD, CM1 7AJ
without planning permission, the material change of use of the land as an operating base for a landscape contractor's business
- Authority
- Chelmsford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Dyer S
Main issues, as the Inspector framed them
- For Appeal A ground (d): whether the appellant can show that the material change of use of the site to an operating base for a landscape contractor's business occurred before 31 May 2009 so as to be immune from enforcement
- For Appeal B ground (b): whether the matters alleged in the notice, namely the use of the land for storage not incidental to the enjoyment of the dwellinghouse, have occurred
What decided it
For Appeal A, the appellant failed to prove on the balance of probabilities that the unauthorised use predated 31 May 2009, so the notice was upheld (with variation); for Appeal B, the Council failed to demonstrate that the storage was other than incidental to the dwellinghouse, so the notice was quashed.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.